When ADA is at issue, attendance is job requirement — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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When ADA is at issue, attendance is job requirement

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in Discrimination and Harassment,Human Resources

Some employees who have been injured don’t know exactly when they may be able to resume working. The longer they stay out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Simply put, the ability to actually show up for work is a valid job requirement.

Recent case: After a series of medical problems, Adrianna could not perform her patient care duties, which involved lots of lifting. The hospital where she worked offered an additional six months of unpaid leave after Adrianna exhausted her FMLA leave and other accumulated time off. When she didn’t respond, she was terminated.

Adrianna sued, alleging that she had not been accommodated.

But the court said no accommodation was due because Adrianna couldn’t show she was a qualified individual with a disability. It said the hospital did not have to wait indefinitely to determine whether she was qualified. Adrianna could not work and attendance is a legitimate job requirement. (EEOC v. Methodist Hospitals, No. 3:15-CV-3104, ND TX, 2016)

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